(Washington D.C., April 1, 2011)—Today, as part of LGBT Health Awareness Week, the U.S. Department of Health and Human Services (HHS) announced significant efforts it has taken, and several others in development, to improve the health and well-being of the nation’s lesbian, gay, bisexual and transgender (LGBT) community. HHS’ announcement responds to President Obama’s April 2010 memorandum requesting that HHS protect LGBT patients’ hospital visitation rights, and directing HHS to find other ways to improve health care programs for LGBT patients and their families.

The key parts of HHS’ efforts include the implementation of non-discrimination policies on the basis of sexual orientation and gender identity in HHS employment and programs; targeting LGBT organizations for specific outreach and making them aware of funding opportunities that are beneficial to the LGBT community; encouraging health profession training programs to include LGBT cultural competency curricula; and continuing to increase federally-funded health and demographic surveys that collect and report sexual orientation and gender identity data. HHS will also provide guidance to healthcare providers in the next few months regarding advanced directives for LGBT patients who want to designate persons to make medical decisions on their behalf.

A Statement by NCLR Federal Policy Attorney Maya Rupert:

“We applaud the Obama Administration and Secretary Sebelius for the significant steps announced today. People and their families are at their most vulnerable when they need to access health care services and programs. HHS made clear today that it will not allow federally-supported health programs to compound that vulnerability by denying access to services and programs because of sexual orientation and gender identity. The government’s efforts today and over the last year illustrate the administration’s genuine commitment to our community’s health and well-being. We look forward to continuing to work with the Administration to provide equal access to health services to all patients and their families.”

Congress returns to Washington, D.C. this week, and the full Senate has its first opportunity in 17 years to do away with DADT when it votes on the National Defense Authorization Act (NDAA), which contains provisions that would allow for repeal of this law.

Call your senators at (202) 224-3121 and urge them to make the repeal of Don’t Ask, Don’t Tell a top priority for the week of September 20th. Ask them to urge their joint leadership (Senators Reid and McConnell) to schedule this vote.

A full Senate floor vote is one of the last major legislative hurdles that stands in the way of the repeal. Unfortunately, Senator John McCain has been a vocal opponent of repeal from the start. He has indicated that he, along with other repeal foes, will pull out all the stops in coming weeks—from attempting to strike repeal language from the NDAA to offering weakening amendments, or threatening to filibuster the entire defense budget. We cannot let this happen.

Together we can make it clear to the Senate that repealing DADT should be a top priority this month. Together we can end Don’t Ask, Don’t Tell.

Today, a federal district court judge in the Central District of California held that the federal government’s policy of barring lesbian, gay, and bisexual people from serving openly in the military violates the United States Constitution. In a sweeping decision, Judge Virginia Phillips ruled that the government’s policy—popularly known as Don’t Ask, Don’t Tell—is unconstitutional on its face, and must be struck down. The decision details the voluminous evidence presented by the plaintiffs about the harm caused by the government’s policy. The court held that Don’t Ask, Don’t Tell violates the fundamental rights of lesbian, gay, and bisexual service members without advancing any important government interest. The court held that the law also violates lesbian, gay, and bisexual service members’ First Amendment rights because it forces them to be silent about the most basic information about their identities, family relationships, and daily activities, and prevents them from seeking protection from harassment and discrimination. The case was brought by the Log Cabin Republicans on behalf of its members and included testimony from a number of service members affected by the policy.

The decision will not take effect immediately. Judge Phillips asked the plaintiffs to submit a proposed judgment, including a permanent injunction against enforcement of the law, by September 16, 2010. If upheld on appeal, the decision would prevent the federal government from enforcing Don’t Ask, Don’t Tell against any service member.

Statement by NCLR Executive Director Kate Kendell:

“Today’s decision by Judge Phillips—following other recent decisions striking down California’s Proposition 8 and the federal Defense of Marriage Act–is another landmark victory for LGBT Americans. Once again, those who seek to defend discriminatory government policies failed to present a shred of evidence to justify laws that are based entirely on prejudice and fear. After considering the overwhelming evidence presented by the plaintiffs, Judge Phillips held that Don’t Ask, Don’t Tell inflicts severe harm on lesbian, gay, and bisexual service members who put their lives on the line to protect and serve our country, while undermining our national security by requiring the discharge of loyal, qualified, and highly trained personnel. This decision puts another nail in the coffin of official government discrimination based on sexual orientation. It is past time for our country to include LGBT Americans as equal citizens, and today’s ruling is a major milestone toward realizing that goal. We congratulate and thank the Log Cabin Republicans for bringing this historic case.”

Earlier this year a group of plaintiffs from Michigan, represented by the Ann Arbor-based Thomas More Law Center, filed a federal lawsuit claiming that the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, passed in 2009, violated their religious freedom and freedom of speech rights. The judge dismissed the case this week.

Although it is not frequently acknowledged, bathrooms have been contested civil rights sites for several decades now. The civil rights movement during the 1950s fought to end the prevailing practice in some parts of the country of prohibiting African Americans from using so-called “white” bathrooms.

President Obama, the Pentagon and leading lawmakers reached agreement Monday on legislative language and a time frame for repealing the military’s “don’t ask, don’t tell” policy, clearing the way for Congress to take up the measure as soon as this week.

White House and Congressional officials met Monday in a carefully orchestrated effort to discuss a possible repeal of the military’s “Don’t Ask, Don’t Tell” policy in advance of a House vote on the issue this week.